耶鲁法学院院长寄语学生

2018-01-28 09:09:39

核心摘要:一个法律人仅仅倚仗法律技巧是不够的,你将如何为公众的利益做出贡献你将投身于怎样的公益事业,而我敢说这一问题会萦绕你们终生,今天你们要开始问自己你将成为怎样的人,作为一名从事人权法的法律人我曾经到过世界各地。

耶鲁法学院院长寄语学生第1篇

:别让你的技巧胜过品德

近年来,随着法学院如雨后春笋般崛起于各高校,法学院院长在新生入学与毕业生离校时所作的演讲也成为校园文化中中的亮丽风景,甚至成为社会公共生活的一部分。鉴于此,特摘录耶鲁法学院院长哈罗德·H·柯的迎新致辞,以飨读者诸君。

别让你的技巧胜过你的品德

耶鲁法学院是一个致力于公共利益的独特的法学院,并造就了为形塑公共利益做出独特贡献的法律人。在接下来的三年里,请问一下你自己:如何将我毕生的精力奉献于我心目中的公共福祉?

对你们中的许多人而言,迄今为止,人生的抉择原则不外乎:奉行自由选择。我相信你们当中的许多人进法学院正是如此。事实上,如果有哪条墓志铭适合你们这一代,那么一定是:“他们至死奉行自由选择”。

我大学毕业准备去英国做访问学者时,一位世交特地赶来参加我的毕业典礼并祝贺我的“成就”。我大姐礼貌地等那位世交离开后,才问我:“什么成就?你什么成就都没有。你无非就是会念书而已1“有许多人没上过什么学却成就非凡;但也有些人受了世界一流的教育却一事无成。两者的差别就在于那些事业有成者明白他们为什么而奋斗。”

哲学家约翰·罗斯金曾经说过:“人劳碌一生,其最高奖赏不在于他从中获得了什么,而在于他藉此成为了一个什么样的人。”同样,作为一名法科学生,对你的辛苦努力的最高奖赏将是你会成为一个怎样的人,怎样的法律人。而这意味着追问:什么是我的支点?你会为了什么而奉献一生?在接下来的三年里及此后,你应该每天问自己这一问题,因为正如威廉·S·考芬所说的:“如果你没有任何支点,那么你将随时跌倒。”

今天,此时此刻,就是一个良好的契机开始问自己:什么是我的支点?我为什么进法学院?我要成为一个什么样的人,什么样的法律人?我知道,在你们的175字的入学申请中你们已经写过这些,并足以让你们入学。但从今天起,你们要诚实地追问并回答这一问题。当你们沉思这一问题时,我希望你们停止问“怎样使他们满意”,而是开始问:“怎样使我自己满意?”我希望你们追问:“什么样的案件,什么样的理由,什么样的当事人,才会触及我的心灵?”当这样的时刻来临时,要紧紧抓住这一时刻,这一契机,不要让它悄悄溜走。因为就在彼时,你将确定你的真正的而不是那些似是而非的支点。

一个法律人仅仅倚仗法律技巧是不够的。你必须追问:我的技巧是为谁服务的?在耶鲁法学院,你们将会渐渐获得什么呢?你们将逐步掌握法律技巧:这些技巧会让你们有本事把人们扔进监狱;挽救或者毁灭人们的生命;就天文数字的标的提出理据等等。但正如我们所知道的,巨大的力量也意味着巨大的责任。这类技巧和工具都有其时空的限制。因此,运用交叉讯问的绝技去扳倒对方证人,但跟你的同屋交谈时抛开它吧。

你们会在你们的配置中发现以往耶鲁学生所没有的新的有力工具。在互联网时代,我们都被联在一起。创造性地使用这些工具吧,如作为充满激情的辩护士,正如我们的学生在称作《达尔福尔24小时》的视频网站上所做的那样。

请别滥用技术的巨大力量去攻击在线的他人,侵犯别人的隐私,或将你的同学作为恶作剧的靶子。在这里,技术不得僭越共同体。我们致力于挑战成见,但须建立在相互尊重的基础之上。记住你的职业生涯始于今天,你在此所作的选择将影响你的职业声誉。当“品行和操守委员会”决定是否接纳你进入业界时,不但要考察你的法律职业素养,还要考量你在执业过程中的行为是否正当、道德。你们所发送的每一封email,你们所开设的每一个博客都会留下文字痕迹;你们所公开散布的有关你们自己和他人的所有信息将永久记录下你们的品行。

所以,请记住一句朝鲜族谚语:“永远别让你的技巧胜过你的品德。”在接下来的几年里,你们的技巧将突飞猛进,但千万要记住让你们的品德行在头里。这就引出了我的最后的忠告:在求索自己为什么而奋斗的同时,也请深入地思考一下如何服务于社会的福祉。你将如何为公众的利益做出贡献?你将投身于怎样的公益事业?

耶鲁法学院是一个致力于公共利益的独特的法学院,并造就了为形塑公共利益做出独特贡献的法律人。在接下来的三年里,请问一下你自己:如何将我毕生的精力奉献于我心目中的公共福祉?你将为谁服务?谁最需要你?当你为自己获得了良好的教育机会深感庆幸时,难道你就没有义务——即便你仍在法学院求学——服务于那些最为弱势者?

所以请好好考虑一下:作为一个法律人,我这一生应该如何度过?我将在9月21日就此题目作一个专门的讲座。这个讲座不会给你们答案,但会探索这一问题。而我敢说,这一问题会萦绕你们终生。今天,是你们踏入法学领域的第一课。不过,就像你们当中那些热爱音乐的同学所认识到的,伟大的音乐超越五线谱上的音符,法律也超越文本:它是一种生活,是巡回演出,充满了戏剧性、哀婉和激情。在法律中,正如在生活中,有英雄也有恶棍;有先知也有白痴。

今天,你们要开始问自己:你将成为怎样的人?

我期望你们成为领路人而不仅仅是追随者,一个创制者而不仅仅是代笔者。我期望你们去理解法律在一个全球化的世界中所扮演的角色,将法律作为一个高尚的职业来追求,投身于法律事业是为了公共福祉而不是自利。勇往直前吧,我们的期望很简单:让我们看到最好的你们——那既是你们至多能给的,也是你们至少可以给的。而我们,也将回报以我们最好的一面。

作为你们的院长,我向你们保证:在这里,看重的是观念而非意识形态。我们没有任何党派的分界。因此,无论你信奉什么,你都可以坚持并为之据理力争。我承诺,在涉及诸如政治和个人信仰的问题上,我将严守中立。但我也要提醒你们:当面对的是法与正义的问题时,我不会中立;当政府——包括我们自己的政府——卷入迫害时,我不会中立;当事涉偏狭和歧视时,我也不会中立。

这是因为,有一种人权的传统深深地根植在这个院里。60年前,当我们的一些热烈鼓吹公民自由权的人士支持把日侨关进拘留营时,尤金·罗斯托夫,一位保守的院长,却公开谴责这是一嘲灾难”。在紧接着的那10年,前院长、法官卢·波洛克在Brownvs.Board一案中与瑟古特·马歇尔及耶鲁同事查尔斯·布莱克并肩作战。在上世纪70年代,汤姆·埃默森教授在GriswordvConnecticut一案中为人权而战;而阿列克西·毕克尔教授则为媒体披露五角大楼文件的新闻自由而战。在你们所处的时代,学生和教师则为所有学生——同性恋者和异性恋者——的参军权而斗争。你们所进入的耶鲁法学院并非是一个仅仅为现实辩护的法学院。你们的法学院——耶鲁法学院——一向是一个为应然而斗争的法学院。

作为一名从事人权法的法律人我曾经到过世界各地。在此过程中,我所见到的有好有坏。就坏的一面说,迫害是真实存在的,并不限于CNN的报道。在世界各地———在苏丹,在新奥尔良,甚至就在康涅狄克,在纽黑文——人们正在遭受的迫害是如此触目惊心,令人不忍卒睹。

不过,也有好消息。而这正与法律人相关,与有良知的法律人更为相关。一个人的努力就可以带来一点变化。而一群法律人可以击败一支军队。但要做出改变,你不但要具备能力,还需要理念;不仅要学业优异,而且要富有人性;不仅需要理论,还需要行动。

在这里,在耶鲁法学院,我们所倡导的是:只会读书而缺乏人性是无益的;成功而没有人性是可悲的。当你们离开耶鲁时,我们希望你们回想起耶鲁时不仅视其为一个接受法学教育的地方,而且是一个你从中找到了道德指南的所在。良知共和国的公民们,欢迎你们来到耶鲁法学院!无数的事情有待于我们一起去做。那么,让我们从现在做起!(哈罗德·H·柯 )

耶鲁法学院院长寄语学生第2篇

(MP3)附英文文本 2017-04-04 22:15| (分类:法学教育)

中文翻译:

http://www.yhhpx.com

欢 迎 光 临 法律硕士的人生 的博客 首页| 法律文摘(7)| 读书笔记(6)| 心灵独白(6)| 全部日志·(MP3)附英文文本发表时间:2017-11-4 22:25:00阅读次数:335

在法博上看到,英语听力不大好,于是找到英文原文对着听

Dean’s Welcoming Speech

Harold Hongju Koh

Yale Law School

August 27, 2017

http://www.yhhpx.com

耶鲁大学法学院院长在开学典礼上的致辞(转)发表时间:2017-11-15 7:34:00阅读数次: 131

Welcome to Yale Law School!

I am Harold Koh, and I am the Dean here. Please call me Harold. I really mean that.I have taught Procedure and International Law here for more than two decades, and I have called New Haven home for nearly five.

If that is who I am, who are you?You, collectively, are the 197th group of law students to receive your legal education here at Yale. Formal legal education began here in New Haven around 1814, at least three years before Chief Justice Isaac Parker of the Supreme Court of Massachusetts founded a law school up at Harvard, and 32 years before a law school was founded down at Princeton, which closed its doors only six years later.

As you will hear this afternoon, when Professor John Langbein tells you about the early history of Yale Law School, legal education first came here more than 200 years ago, when a Yale college graduate named Seth Staples and two of his students—Samuel Hitchcock and David Daggett, all

of whose portraits now hang in Room 127—started to teach budding lawyers in the New Haven building that became Yale Law School.(Parenthetically, that explains the seal of the Yale Law School that is now your shield: which honors these founders with a field of Staples on the left, in honor of Seth

Staples; a greyhound on the right in honor of David Daggett (whose original family name was Doget); and an alligator on top— which Samuel Hitchcock and his family took as their symbol after the family moved to the Bahamas.) You, nearly the 200th claever to study here, include 189 entering JD

students from 77 undergraduate institutions, 28 LLMs, 7 new JSD students, 14 transfer students, and several visiting students. You are, quite simply, the finest group of entering law students assembled anywhere on this planet this year. Each year, one school in this world gets to say that, and this year, happily, it is us. You are the best, not just because you are so able, but because you are so interesting.

Collectively, you have lived or worked in 77 countries; you read and speak at least 30 languages. (Take a look at this map). Your classmates include: A Chinese yo-yo artist, a hip-hop dancer; a certified judge for the Kansas City Barbeque Society; a scholar of Korean soap opera; a firefighter; a member of the College Football Hall of Fame; winner of 2017 The New Yorker Cartoon Caption Contest; a former Brazilian professional soccer player; a sailor who twice crossed the Atlantic; the youngest university

graduate in the history of Germany; and the leader of the cymbal section of a marching band that once played at the Vatican.

By the numbers, your group includes:

1 Flamenco dancer

2 Military officers

2 Debate champions

2 Competitive skydivers

3 Radio talk show hosts

4 Black belts in martial arts

4 Eagle Scouts

5 Mountain climbers, including 2 who climbed Mt. Kilimanjaro

A television producer who won 5 Emmy awards

7 Marathon runners

And a partridge in a pear tree. :-)

Now hearing this litany, I know what you are saying: “So what on

earth am I doing here?”

If it makes you feel better, let me assure you that you are not alone.I know just how you feel. The only difference between you and me is that we started law school 30 years apart. Like you, until now, I have been lucky in my career. Like you, I have been to places I’ve never dreamed I could go. And like you, I have sometimes wondered whether I got to where I am at Yale Law School because somebody well meaning made the wrong decision.

But what I have learned over time is that there is no such thing as a wrong decision. There is the decision that you make, then what you do to make it the right decision. On the day I was invited to clerk for the Supreme Court, I asked my late father: “Do I deserve this?” He paused, and answered, “Of course not. No one deserves to clerk for the Supreme Court. But if you give it your best, by the time you are done, you will have deserved it.”

So that is what I say to you about Yale Law School: To be at Yale Law School is a very great privilege. None of us really deserves to be here. But if we all do what we have to do, if we make this place our own, if we do our best and force our school to live up to its own highest aspirations, then all of us will belong here.

So that is my first message: today marks the start of our journey together. To prove that I really do intend to journey with you, please mark your calendars for a week from this Saturday—Sept. 6—when you can tell the Dean to take a hike, then actually go with him. We will gather at a state park in Hamden and hike to the top of Sleeping Giant mountain (it is actually a foothill, but for us in Connecticut, it’s as close as we get to a mountain). At the top, we will take pictures, survey the landscape, then hike

back down for lunch to celebrate our new beginning.

As you look around this room, consider this fact: for each of you sitting here, 20 others applied for your place.We have far more qualified applicants than we can accept, but you were selected for a reason. You were chosen to be a part of this dynamic community because of the unique talents, ideas, and energy that you possess.

So look to your left; look to your right. You see what Yale Law School is, and must always be: a community of remarkable individuals, committed to excellence and humanity in everything you do.

From century to century, from clato class, this School has remained a community of commitment to the values we share. In your time here, you will hear that phrase from me often:

A community of commitment.A community of commitment.

There are many committed individuals who belong to no communities. There are many communities that share no commitments.

But what makes the Yale Law School a special law school is that it is a community of commitment: commitment to the highest excellence in our work as lawyers and scholars, commitment to the greatest humanity in our dealings with others, and commitment to lives genuinely devoted not to

selfishness, but service.

As you look to your left and right, please remember one more thing: this is a place where we are committed to each other. At this school, you will learn best through dialogue with one another. The people who will get you through here; the people who will teach you most about how to be a good lawyer and how to be a good person are the classmates you meet for the first time today. Your classmates will stay with you throughout your lives. They will attend your wedding, join your vacations, serve as godparents of your children, watch over you in illness, send you emails and clients, vouch for you at your Senate confirmations, and speak at your funeral.

So if you are wondering: how am I going to make my way here? The answer is simple: Trust your classmates. Right now they are your classmates; but in time, they will be your soulmates. Think of them as your brothers- and sisters-in-law. You are all in this together, and the time to start supporting one another is right now.

Now all of this sounds fine, except for one thing: when it comes to Law School, your classmates are novices, too. None of them can answer the questions that cloud your mind: like, how do I get off to a good start in law school?

Well, those are relatively easy questions. Getting oriented is what orientations are for, and this week is designed to help you figure out where things are, and who can help you solve your transition problems.Each of you is assigned to a Dean’s Advisor; let me ask them all to stand up:

Yaw Anim

BJ Ard

Sipoura Barzideh

Jennifer Bennett

Lauren Chamblee

Caroline Edsall

Elliot Morrison

Christina Parajon

Sergio Perez

Sujeet Rao

In our Office of Student Affairs, we have a wonderful Dean of Students in Sharon Brooks; a marvelous Student Life Coordinator, Maura Sichol- Sprague; Sachi Rodgers, Special Project Coordinator in charge of Student Organizations; Marie Battista, Senior Administrative Assistant; and Joe Lynch, Student Journals Assistant.

As you will learn, in addition to having the best students and faculty in the world, we have the most humane and dedicated administrative staff in the world. The real Deans of Yale Law School, the Administrative Deans who make this place run, are pictured at the front of your facebook, but let me introduce some of them now.

First, our two deputy deans:

Reva Siegel, Deputy Dean for Intellectual Life and the Nicholas Katzenbach Professor of Law;

Jon Macey, Deputy Dean for Curriculum and Sam Harris Professor of

Corporate Law, Corporate Finance and Securities Law;

Our Librarian, Professor Blair Kaufmann, and:

Megan A. Barnett Dean for Academic Affairs

Toni Hahn DavisDean for Alumni and Public Affairs

and the Graduate Program

Mark LaFontaine Dean for Development

Asha Rangappa Dean of Admissions

Mark TempletonDean for Finance & Human Resources

Mike Thompson Dean for Facilities

Jan ConroyDirector of Communications

Judith Calvert Registrar

Pat Barnes Director of Financial Aid

4

Behind them stand many, many others whom I encourage you to meet personally. You will spend much of the days ahead learning from these new friends how the school really operates.They will tell each of you that you have the opportunity to craft an extraordinary law school experience, because you have joined a supportive community that will offer you the resources you need.

Let me spend my time this morning discussing a somewhat different question: not how do I study law? But how do I think about studying law? That is what we like to call here: the meta question. As the late Professor Leon Lipson once said, “At Yale, we believe that anything you can do, I can do meta.” How exactly do you think about this brave new world that you are entering? This world of Law and Law Talk?

Well, first, the good news. As my predecessor, Dean Guido Calabresi, famously told the entering claeach year, “My friends, you are off the treadmill now.” After years of carefully triangulating your course to get to this place, you’ve made it! You don’t have to do anything here just to get ahead. Here at Yale Law School, we have no clarank. All of you can succeed here. All of you should succeed here.

But sadly, there are too many lawyers in this world who remember the day they started law school as the day they began the rat race. But in the words of Yale’s chaplain, William Sloane Coffin: “Remember that even if you win the rat race, you are still a rat.”

I ask you to think about your law school career differently. I ask you to think about it, not as a competition, but as an adventure.

Yale Law School is an adventure, which should have at least three elements:

First, trying new things.

Second, combining theory with practice.

Third, deciding what you stand for.

Let me say a word about each.

First, trying new things.Experimentation. Explore the rare intellectual freedom that this school offers. We have very few rules. We have minimal required curriculum. Make the most of that freedom.Don’t spend your time repeating things you already know you can do. Instead, try things you’ve never tried.

So if you are a good writer, try public speaking. If you are an accomplished debater, join a law journal. If you are a poet, study law and economics. And if you are a mathematician or number cruncher by training, take law and literature. By entering law school, you are not ending your education in the liberal arts; you are extending it.

The same goes for your summers. If you have lived your whole life in the States, work for a human rights group in Africa. If you always wanted to be a criminal defense lawyer, try working in a prosecutor’s office. If you are convinced you want to be a corporate lawyer, spend a summer doing legal aid, and vice versa.Exercise all your intellectual muscles, not just one.

At Yale, we intend our approach to legal education to be interdisciplinary, interprofessional, and international. What does that mean?

By an interdisciplinary approach, we mean to show you how the intellectual discipline of law connects with other academic disciplines, some of which you studied before you got here. Law is not the only discipline in this great university. We have a great law faculty, whose members hold advanced degrees in law, of course; but many also hold advanced degrees in philosophy, history, political science, sociology, economics, and medicine. Two of these professors will deliver introductory lectures on their subjects of specialty. Tomorrow afternoon, Professor Jules Coleman will give an introductory lecture on “law and philosophy for physicists.” On September 2, Professor Carol Rose will give an introductory lecture on “law and economics for poets.”

They will ask you to start viewing the law through many lenses, not just one. That will begin this afternoon, when you hear the first two lectures in our Introductions series, from Professor Bill Eskridge, who will give you a tour of the American legal system, and Professor John Langbein who will introduce you to the history of legal education and the Yale Law School. Those will be followed later this week by lectures tomorrow on professional responsibility by Professor Jean Koh Peters; and on Friday, Sept. 5, on

public interest law by Professor Brett Dignam. And in the weeks ahead, you will also hear from two accomplished graduates of our school who made their mark in different fields: one, Ben Heineman, who became corporate counsel of one of the largest economies in the world, the General Electric Co., speaking on values and vision in legal practice, and another, Margaret Marshall, who was born in South Africa, but after her JD here became Chief Justice of her home state of Massachusetts.

Please attend these introductions.They are designed to cast new light on your coursework. You will find them fascinating and useful in seeing how law relates to other concepts in the world of ideas.

In addition to being interdisciplinary, I mentioned that our approach is interprofessional. By interprofessional, we mean that we are not the only professional school in this university.You should think hard about how the profession of law relates to these other professions, some of them

professions in which you have already engaged: law and business, law and public health, law and media, and law and the environment.Law shapes these fields, and these fields generate new law. To lead these fields, we need lawyers who are genuinely bilingual, who are versatile enough to lead these coordinate fields, so in each of these areas, we are developing joint programs with the other professional schools here at Yale.

It is not an accident that in each of these other professional fields, graduates of Yale Law School are leaders as well. That is because if there is one common feature of Yale Law graduates, it is their entrepreneurial spirit, their willingneto take chances. The Dean’s Program on the Profession is a

speaker series that features Yale Law School graduates who have made a special mark within the law or who have moved outside the law to become leaders of the entertainment field, the health care industry, professional sports, venture capital, you name it. What their careers tell you is that just because you are studying law, it does not mean that a lawyer is all you will ever be. To explore your full potential, they will tell you, you must take risks. And if you, the most privileged law students in the world, don’t have

the courage to take risks, who else will?

In entering law and its related fields, you will need to learn how to write again, and you will need to learn how to read again.The most important suggestion I can make is to read closely. Read more closely than you have read before. Read like your client’s life depends on it, because

believe me, it will. And as you read, think of the judges who wrote those opinions as real people, trying to make real decisions. Imagine how you would have made those decisions had they been yours to make. And at some point, I assure you, the magic moment will come, described this way by Hector in The History Boys:

The best moments in reading are when you come acrosomething—athought, a feeling, a way of looking at things—which you had thought special and particular to you. Now here it is, set down by someoneelse, a person you have never met, someone even who is long dead. And it is as if a hand has come out and taken yours.1

But reading alone is not enough.

Which leads me to my second suggestion, in all you do here: Combine

Theory with Practice

When you come to my office, as all of you should, you will see on my

wall, in Chinese characters, one of my favorite sayings: "Theory without

practice is as lifeleas practice without theory is thoughtless."

1 Alan Bennett, The History Boys 56. Yale Law School is and must always remain the world’s premier

center of legal theory. We believe that no single intellectual discipline has a monopoly on wisdom: that is what it means to be an interdisciplinary law school. How do we get nations to obey the law? The answer to that question lies not just in the law itself, but in such related disciplines as psychology, economics, philosophy, sociology, political science, anthropology.

But if you want to understand the relationship between law and justice, you must look not just to the Uniform Commercial Code and the Federal Rules of Civil Procedure but to the humanities: great plays like Shakespeare’s Henry V or The Merchant of Venice, novels like Melville’s Billy Budd, or works of art like Picasso’s Guernica. If you don’t know those disciplines, use your time here to introduce yourselves to them. Spend your time not just in our phenomenal Law Library, but at Yale Repertory Theater, the newly renovated Art Gallery, the Center for British Art, the Globalization Center, and the Macmillan Center for International and Area Studies.

Most of all, the study of law is the search for ideas. A professor of mine once said, “Ideas are not butterflies. They are butterfly nets.” Ideas help you to capture insights, organize experience, impose intellectual order on natural disorder.

Which is why you chose to attend a great law school in a great university. Once you begin practicing law, you soon find yourself with precious little time to read, reflect, or get new ideas. Law firms have no English departments.Legal aid clinics don’t teach you economics. If you want to understand more deeply what is right, not just what is right for your client, what is the truth, not just what argument works, you need to study ideas. You need to study theory.

But for every yin there is a yang. Theory without practice is as lifeless, as practice without theory is thoughtless. Theory alone cannot change the world; lawyers must actually be skilled in the practice of law to change the world.When the judge asks you why your client should win, your answer cannot be, “Because John Rawls said so.”

Great lawyers are made, not born. Which is why each and every one of you should take a course or more in our superb clinical program. Use internships, externships, and summer practice to understand better how you can use your legal skills to change the world.

Which brings me to the subtle virtues of New Haven, your new home away from home. A poll in the Anchorage Daily Times reported that New Haven has two of the top ten pizza restaurants in America. It is the home of two Tony-award winning theaters. Some of the best music and the best arts

and ideas festival in the country. And it has a remarkable legal history.

But most relevant for our purposes, New Haven is a model laboratory for the practice of law.Over the years, Yale law students have helped to build day care centers for unwed mothers, to create nonprofit corporations to shelter the homeless, to found a leading Charter School and community bank, to do the legal work for the Shaw’s Grocery Store on Whalley Ave. Three decades ago, two contemporaries both worked in the clinical program here; each said it was the best experience they had at Yale Law School. Their names are Bill Clinton and Clarence Thomas. If each of them can do it, and get something out of it, then so can you.

In our clinic, we think locally, but we act globally. We do not limit our clinical work to the confines of New Haven. Over the years, our human rights clinic has promoted human rights around the world. It has represented Haitian and Cuban refugees at the Supreme Court, exposed abuses in East Timor, sent students to Bosnia and Kosovo and Sierra Leone and Cambodia, supported international prosecutors in The Hague, and helped think about the structure of constitutional democracy in Iraq. Yale graduates, professors and students in our 9/11 Clinic participated on all sides of Supreme Court’s military commissions decision last year, and filed several of the briefs in Boumediene, the Guantanamo case that will be argued this fall. Our Supreme Court Clinic has several cases pending on the Supreme Court’s September docket list. And when Homeland Security arrested two dozen workers this summer, first-year students dropped everything to represent each and every one of them at expedited bond hearings, and our Workers and Immigrants Rights Clinic continues that work today.

That brings me, of course, to the issue of our day:globalization. As I said, your legal education should be not just interdisciplinary and interprofessional, but international. In the last four terms of the U.S. Supreme Court, no fewer than 25 cases involved globalization. On Friday morning, I will give you an introduction to transnational law that I hope will start you thinking about the relationship between law and globalization. And later this September, 20 of the world’s leading constitutional court judges, including Justices Anthony Kennedy and Stephen Breyer of our Supreme Court, will come to this building to talk about how the world’s leading courts now deal with such diverse, yet common, global issues as torture, reproductive rights, affirmative action, terrorism, and same-sex marriage. These issues occupy our headlines. And what presidential candidate recently wrote this?

9

“We Americans recall the words of our founders in the declaration of

independence, that we must pay ‘decent respect to the opinions of

mankind.’ Our great power does not mean we can do whatever we

want whenever we want, nor should we assume we have all the

wisdom and knowledge necessary to succeed…We all have to live up

to our own high standards of morality and international responsibility.

We cannot torture or treat inhumanely the suspected terrorists that we

have captured. We will fight the terrorists and at the same time defend

the rights that are the foundations of our society.”2

The speaker, of course, was John McCain, speaking in Europe.

And we hope you will all join together in helping us addrewhat is perhaps the greatest globalization challenge of our day: sustainability. As global citizens, one of the challenges that we all face is how to live a sustainable lifestyle in our homes, our workplaces, and our communities. As Tom Friedman of The New York Times recently noted, last year was by far the worst year for freedom in the world since the end of the Cold War. Almost four times as many states — 38 — declined in their freedom scores as improved.3 Strikingly, the least democratic countries in the world are

those who derive most of their revenues from oil. So as the price of fuel rises, and with it the price of food and housing, every community must cut its reliance on fossil fuels, not just to save money, not just to protect the environment from global warming, not just to promote our national security, but to promote the rule of law that is this law school’s mission. Sustainability begins at home. So we will start that conversation with Professor Dan Esty in his introductory lecture on environmental law on Sept. 19.The Law School is joining with Yale University’s sustainability efforts4 on a number of green initiatives designed to reduce the Law School’s carbon footprint and help us work together as a community of faculty, staff, and students toward a more sustainable future for our campus. Some of these ideas are small changes we can make right away, like turning off lights and computer monitors, carpooling or usingpublic transportation, or using mugs and silverware instead of disposable items.In addition, the Law School’s

“Green Team,” headed by Associate Director of Student Affairs Maura

Sichol-Sprague ( http://www.yhhpx.com ) and Director of Alumni

Affairs Abby Roth ( http://www.yhhpx.com ), is working on larger Law

2 John McCain, Op-ed, Financial Times (March 18, 2017);

http://www.yhhpx.com

3 Thomas L. Friedman, The Democracy Recession, New York Times (May 7, 2017).

4 Visit the website of the Yale Office of Sustainability ( http://www.yhhpx.com ), where you can take the Yale Sustainability Pledge, learn about Zip cars and other alternate forms of transportation on

campus, and browse the student-run sustainability blog for news, tips and event information. School initiatives along with the Yale Environmental Law Association. And through cutting-edge scholarship and practice, our students and faculty— including new Professors Tom Merrill and Doug Kysar and Visiting

Professor Jed Purdy—are helping to define policies that will create a more sustainable future. We will nearly double our physical footprint in 2017; our goal is to do so without increasing our overall carbon footprint. And so, this year our Office of Student Affairs and Human Resources will be coordinating what we will be calling our “Green Small Group Challenge,” whereby each small group will be asked to think of an innovative sustainable initiative that they could work on over the course of the fall semester and submit the idea for consideration. Our Human Resources office will pair interested staff with a small group, so that students and staff are working together on a green initiative. And at the end of the semester, a panel will judge the results based on the level of succeand innovation, and the winning small group will be invited to my home for a sustainable dinner.

These discussions about global responsibility and sustainability will ask you not just to think about these issues, but to decide where you stand on these issues. Which brings me to my third and final suggestion for your time here: Decide what you stand for.

For many of you, the principle of decision in your life thus far has been easy: Keep your options open. I am sure that many of you came to Law School precisely to keep your options open. In fact, if there is an epitaph for your generation, it will surely be: “They died with their options open.”

When I was graduating from college, heading off to England on a scholarship, a family friend came to me at graduation and congratulated me on my accomplishments. My older sister, who was standing next to me, waited politely until the friend left, and then she asked, “What accomplishments? You have no accomplishments. All you have done is go to school!” She said, “There are many people who have no schooling but have made genuine accomplishments; and there are many people with

world-claschooling but no accomplishments. And the difference between them is that those who have really accomplished something know what they stand for.”

The philosopher John Ruskin once said: “The highest reward for a person’s toil is not what they get for it, but what they become by it.” In the same way, the highest reward for your toil, as a law student, will be what kind of person and professional you become by it.That means asking: What do I stand for? What would you give your life for? For the next three years and beyond, you should ask yourself that question every day because as William Sloane Coffin once said, “If you stand for nothing, you’ll fall for

anything.”

Today, right now, is a good time to start asking: What do I stand for? Why did I come to law school? What kind of person and professional do I want to be? I know you wrote about this in your 175-word admissions essay; it was enough to get you in. But today is the day you start answering that question for real.

As you ponder that question, I hope you will stop asking, “What satisfies them?” and start asking, “What satisfies me?” I hope you will ask “What idea, what case, what cause, what client really touches my heart?”

And when that moment comes, seize that moment, take that chance, don’t play it safe. For on that day, you will decide, not what you won’t stand for, but what you actually do stand for.

It is not enough for lawyers to learn legal skills. You must ask: Who are my skills for? That is a question that you will face in the Introductions session on professional responsibility that you will have tomorrow with Professor Jean Koh Peters.

What will dawn on you is that here at Yale Law School, you will develop skills: skills that will give you power to throw people in jail, to save and destroy people’s lives, to make arguments that can save millions of dollars. But as we all know, with great power comes great responsibility. Each of these tools has its time and place. So use the awesome power of cross-examination to break down a hostile witness, but try to turn it off when you are talking to your roommate.

You will find at your disposal new and powerful tools that past generations of Yale students never had. In the age of the Internet, we are all connected.Please use these tools creatively, as passionate advocates, as our students are doing in their video website calling for 24 Hours for Darfur.

But please be just as careful not to abuse the great power of technology to attack one another online, to violate each other’s privacy, or to target your classmates for harassment and ridicule.Here, technology does not trump community. We are committed to challenging ideas, but to respecting one another.And remember that your professional career starts today; the choices you make while here will affect your professional standing. When the Committee on Character & Fitnedetermines whether to admit you to the bar, it will consider not just whether your actions have been legal, but also whether they have been just and moral. And you will leave a paper trail even if it never gets on paper: over the long term, every email you send, every blog you post, all the information you publicly disseminate about yourselves and others will stand as a permanent statement about your character.

So please stay mindful of another old Korean saying: “Never let your skill exceed your virtue.” In the next few years, your skill will grow quickly. But you must make sure that your virtue grows faster.

That brings me to my final suggestion. As you think about what you stand for, think about how you plan to serve the greater good. How will you serve the public interest as you see it? What kind of public service will you give?

Yale Law School is a school that has uniquely served the public interest and that has created lawyers who have uniquely shaped the public interest. As you go through these next three years, please ask yourselves: How will I devote my life’s energies toward serving my conception of the public interest?

Who will you serve? Who needs you the most?And if you feel privileged in your educational fortunes, as you should, don’t you have some duty—even while you are in law school—to serve the least privileged?

In other words, please consider: How should I live my life as a lawyer?That is a subject on which I will give a talk later this term. That talk will not give you answers, but it will explore that question, which is a question, I guarantee you, that will haunt you for the rest of your lives.

*****

So that, in a nutshell, is my message today.

How should you think about Yale Law School?

* As an adventure, not a competition.

* As a community of commitment to world-clascholarship,

professional excellence, and service to the greater good.

* As a place where people are committed to one another.

* As a place where you will study law from an interdisciplinary,

interprofessional, and international perspective and wrestle with

questions about globalization, sustainability, the profession, public

service.

* And as a place where you will try new things, learn new ideas,

combine theory and practice, and find what you stand for. A place

where you will gain new powers but also learn how to exercise those

powers responsibly.

Today you are entering the world of law talk. But those of you who

love music will recognize that just as great music is more than notes on a

page, the law is more than opinions in a book: it is a living, moving performance, full of drama, pathos, and passion. In law, as in life, there are heroes and there are villains. There are prophets and there are fools.

Today you start asking: Which will you be?

I ask you to be a leader and not just a follower, an architect and not a scrivener. I ask you to understand the role of law in a globalizing world, to pursue law as a noble profession, and to commit yourself to careers not of selfishness, but of service.

What we ask from you going forward is simple: Just give us your best—that is both the most you can give, and the least you can give. And we will give you our best in return.

As your Dean, I promise that this place values ideas, not ideology. We have no party line. So believe and argue passionately for whatever you believe. I promise that I will be scrupulously neutral on matters of politics and personal preference.

But let me warn you that I will not be neutral when it comes to questions of law and justice. I will not be neutral when governments— including our own—engage in torture. And I will not be neutral on questions of intolerance and discrimination. Because there is a human rights tradition that runs deep here at Yale Law School. Sixty years ago, a conservative Dean Eugene Rostow denounced the Japanese internment as a disaster when some of our most ardent civil libertarians supported it.The next decade,

former Dean and Judge Lou Pollak fought for Brown vs. Board shoulder to shoulder with Thurgood Marshall and his fellow Yale professor Charles Black. In the 70s, Professor Tom Emerson fought for a right to privacy here in Griswold v. Connecticut, and Professor Alex Bickel fought for the right

for newspapers to publish the Pentagon papers. And in your time, students and faculty have fought for the right of all students—gay and straight alike—to serve our country in its armed forces.

The Yale Law School you are entering has never been a law school that simply defends what is. Your law school—Yale Law School—has always been a law school that fights for what ought to be.

I have spent my career as a human rights lawyer. In that capacity, I have traveled the world. What I have learned is that there is bad news and there is good news. The bad news is that the suffering is real. It is not just on CNN. All over this world—in Sudan, in Iraq, in North Korea, in New Orleans, right here in New Haven, Connecticut—there is human suffering so real that it hurts to see it close up.

But, there is also good news. Lawyers do matter. Good lawyers matter more. One person can make a difference. A team of lawyers can beat an army. But to make that difference, you need not just energy but ideas, not just excellence but humanity, not just theory but practice.

What we teach here at Yale Law School is that excellence without humanity is worthless; that accomplishment without humility is tragic. And when you leave here, we want you to think of Yale, not just as the place you received your legal education, but as one of the places where you found your moral compass.

Twenty years ago, a young student who had recently begun the study of law wrote:

The study of law can be disappointing at times, a matter of

applying narrow rules and arcane procedure to an uncooperative

reality; a sort of glorified accounting that serves to regulate the affairs

of those who have power—and that all too often seeks to explain, to

those who do not, the ultimate wisdom and justneof their

conditions.

But that is not all the law is. The law is also memory; the law

also records a long-running conversation, a nation arguing with its

conscience.5

The writer was a young lawyer named Barack Obama.

So welcome to law’s conversation. Welcome to our community of

conscience. Welcome to the Yale Law School! We have so much to do

together.So let’s get started!

5 Barack Obama, Dreams from My Father 437 (1995):

MP3:跟苏力比比!!!

http://www.yhhpx.com

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